Case Study: Complex Regional Pain Syndrome (CRPS) Construction Injury Claim Settlement
Background
In 2021 we were instructed to act on behalf of a man in his late 30s, concerning injuries he had sustained the year before whilst working as a labourer on a building site.
Life Changing Slip
The Claimant was walking across the building site carrying approximately 50kg of steel on his back when he stepped on a manhole cover which had not been screwed down. The Claimant’s right leg went through the manhole and his right knee connected with the edge of the hole as he fell.
The damage appeared superficial. However, in the process of connecting with the edge of the hole, the Claimant sustained damage to a series of nerves around the knee, instantly causing terrible pain.
The Claimant was immediately unable to walk or drive himself home. He spent much of the next year at home with his wife and young family. He was in excruciating pain, which he described as the worst pain imaginable as if his leg were being crushed in a vice. The Claimant reported a sensation like his bones were being eaten from within.
The Claimant was unable to work from day 1 following the accident, and he soon instructed a large national personal injury firm, who sadly did very little to help him before he transferred his case to us.
Transfer Claim to FT Chronic Pain Solicitors
The Claimant posted on a forum complaining about his symptoms, and his legal team. We took the opportunity to reach out to the Claimant and six months later, after he had severe battles with depression and feeling like there was no way out, he decided to transfer his case to us at FT Chronic Pain Solicitors.
It was clear on taking over the case that very little had been done to provide the Claimant or his family with the support they so desperately needed. The family, who before the accident, were dependent on the claimant’s earnings and suddenly without an income, saved for some basic state benefits which they had secured.
Award Winning compensation claim experts for Complex Regional Pain Syndrome (CRPS), Fibromyalgia and other Chronic Pain conditions
Average award for a CRPS claim:
£1,140,000
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We drove up to see the claimant at his him in Stoke on Trent and it was evident that their financial worries were just the tip of the iceberg. Due to severe mobility issues, the Claimant was unable to take full advantage of his home, including the bathroom and bedroom. He had become isolated and reduced to makeshift facilities. Not only was this a personal struggle, but it also put a strain on his relationship with his wife and children.
A Drastic Measure
Once the case was transferred to FT Chronic Pain Solicitors, we were able to change the direction and shape of the case considerably. His previous solicitors had suggested a settlement of around £20k would be reasonable.
At that stage, he had already been given a diagnosis of Complex Regional Pain Syndrome (CRPS), which his solicitor had seemingly no knowledge about. We were able to secure interim payments within the first month of taking over the case. This was sufficient to pay off the claimant’s debts and was also sufficient to meet his lost earnings for the following year.
A case manager was appointed by the insurance companies who were responsible for paying the claim.
We worked closely with the Defendants and case manager to seek out an occupational health therapist for multi-disciplinary medical assessments which ultimately indicated the Claimant would have to have his leg amputated.
Through our efforts to seek out the best surgeons in the country and the funding for private surgery, the Claimant underwent amputation and osseointegration in December 2021.
Osseointegration is where a bone anchor is placed into the femur such that a high-tech prosthetic can be clipped onto the end. This is the most satisfactory type of lower limb prosthesis, it is far more stable than a conventional socket as available on the NHS. Although the surgery was not without risk, the claimant wanted to “cut the head off the snake,” as is how he felt about his injured, painful, swollen and discoloured limb.
A Brighter Outlook With Successful Claim
Thankfully, the Claimant had an excellent recovery following surgery, and through hard work and negotiation, we established that he would need 6 replacement legs costing approximately £100k each over the course of his life.
We were able to secure the Claimant’s lost earnings until normal retirement and care into the future, which allowed for the fact the Claimant would likely be resigned to a wheelchair from age 70 years onwards.
We also secured funding for the Claimant to have extensive rehabilitation post-surgery and can report that at this time he enjoys an excellent quality of life. He is now without the CRPS pain, which disappeared immediately after he came around from the general anaesthetic.
In terms of mobility, we are less than 2 years since his leg amputation and the Claimant is managing to look after his children, with some support at home. Sadly his marriage failed as a consequence of numerous factors relating to his injury, reminding us that there is often more than one victim of an accident.
The Claimant’s case was eventually settled with him receiving £2.4 million in damages. His case was hard fought by Defendants, who were reasonable but determined to reduce their liability at every turn.
If the Claimant had taken his previous solicitors' advice, he would have received just 0.0083% of the final sum. In other words, he received 120 times what he would have received.
Due to input from excellent and nationally renowned specialist medics and counsel, we were able to successfully achieve this amazing result for our client who now lives in a mortgage-free beautiful home. He has also secured two additional properties which provide him with sufficient income to be able to afford replacement limbs in the future and to meet his monthly expenditure.